The Covid pandemic has brought the mental health of those within the legal profession into sharp relief. For some people, the past 18 months will have been the first time they have discussed their mental health with clients, colleagues, and supervisors.
To celebrate reaching 500,000 listens on the podcast, I wanted to do something a little different. In this episode I speak to Rachel Francis and Joanna Fleck, two extraordinary women, about their new book: Vicarious Trauma in the Legal Profession: a practical guide to trauma, burnout and collective care, which comes highly recommended to anyone dealing with trauma in their work.
Baroness Helena Kennedy QC has described the book as “a wake-up call about what is happening to law and access to justice – but it is also a clarion as to what is happening to lawyers.”
The book is published by Legal Action Group and is available to buy here (from Lag) and here (from Waterstones).
If you are interested in bulk buys of the book, please contact Esther Pilger at EPilger@lag.org.uk
All of the cases discussed during this episode are covered in the most recent issue of the QMLR, available here. We highly recommend the new QMLR website to our listeners, who we hope will find the archive of previous articles and the search function (making it possible to search by keyword, category and author) enormously helpful.
In Episode 145, Emma-Louise Fenelon speaks to Bill Browder, co-founder of Hermitage Capital, author of best-selling book Red Notice and justice activist. The episode focuses on Sergei Magnitsky, a lawyer who died in pre-trial detention in Russia after uncovering and exposing a tax fraud of $230m and Bill Browder’s campaign to bring those responsible to justice. The campaign culminated with the Magnitsky Act, which was passed by the United States Congress in 2012, and later became the Global Magnitsky Act. Similar legislation has been introduced by Canada, Lithuania, Estonia and the United Kingdom.
Following International Women’s Day and Women’s History Month, Emma-Louise Fenelon spoke to Harriet Wistrich, founder of the Centre for Women’s Justice about the many ways in which the UK criminal justice system is failing women.
In Episode 138 Emma-Louise Fenelon speaks to Marina Wheeler QC about the burgeoning field of mediation, and outlines a number of useful tips for practitioners from her own experience as a mediator.
As clinical negligence practitioners will know, in 2016 NHS Resolution became one of the first indemnifiers in the UK to establish a mediation panel with the focus of resolving clinical negligence and personal injury compensation claims. The episode refers to the report evaluating this work so far, available here.
Máiréad Enright is a Leverhulme Research Fellow and Reader in Feminist Legal Studies at Birmingham Law School. Her current work is on reproductive rights, activist legal consciousness and historical reproductive injustice. She tweets @maireadenright.
See a blog post she authored on the Oxford Human Rights Hub on the Mother and Baby Homes Commission report here.
Whilst many of us would prefer not to dwell on 2020, it was a year that produced many interesting decisions. In Episode 134, Michael Spencer and Jon Metzer talk to Emma-Louise Fenelon about the cases they consider to be 2020’s most significant landmarks.
The Public Law Project is an independent national charity carrying out research, policy work, training and legal case work to promote the rule of law, improve decision making and facilitate access to justice. The PLP takes no position on the UK’s decision to leave the EU.
Joe is Research Director at the PLP. He is also Senior Lecturer in Public Law at the University of York. He researches widely on public law, and particularly the administrative justice system and his work has been published in leading journals and cited by a variety of bodies, including the Ministry of Justice, the All Party Parliamentary Group on the Rule of Law, and the House of Commons Library. His work, with Professor Robert Thomas, on administrative review will also form the basis of a Law Commission project.
Alexandra is a Research Fellow at the Public Law Project and a PhD student at the London School of Economics Faculty of Law. She has worked as a judges’ clerk at the New Zealand High Court and as a barrister in Auckland, New Zealand. She was awarded the Cleary Memorial Prize by the New Zealand Law Foundation in 2015 for showing outstanding promise in the legal profession.
David Anderson will be well known to listeners. He is a barrister at Brick Court Chambers and a Cross Bench Peer. Following him on twitter @bricksilk is highly recommended to anyone with an interest in public law.
For those interested in public law more generally, signing up to the Public Law Project mailing list is also worthwhile.
In Episode 128 Emma-Louise Fenelon talks to Marina Wheeler QC about the Independent Medicines and Medical Devices Safety Review, better known as the Cumberlege Review, which investigated the response of England’s healthcare system to patients’ reports of harm from drugs and medical devices.
Since the report was published in July (available here), the National Institute for Health and Care Excellence has indicated it will be taking a number of steps in response to the review (more information here). In recent weeks a number of questions were tabled asking what the government plans to do next in response.
The episode includes a discussion about consent, and reference to Montgomery v Lanarkshire Health Board UKSC 11
Find an article written by Marina Wheeler QC and Amelia Walker on the Cumberlege Review on page 5 of Issue 6 of the 1COR Quarterly Medical Law Review (QMLR).
This interview was recorded the day after the Home Office released a post on social media suggesting that “activist lawyers” were abusing regulations by delaying and disrupting returns of migrants. The Law Society and Bar Council both condemned the video, and it has since been taken down by the Home Office, see here.
It is now over a month since the death of George Floyd.
The UK Human Rights Blog and Law Pod are committed to continuing the conversation about racism in the UK prompted by his death and the Black Lives Matter protests.
Michael Paulin has discussed a number of issues in his recent article.
The beginning of this week marked Windrush Day, introduced in June 2018 on the 70th anniversary of the Windrush migration, to celebrate the contribution of the Windrush Generation and their descendants to Britain. In Episode 117, Emma-Louise Fenelon speaks to Martin Forde QC, Independent Adviser to the Windrush Compensation Scheme about racial inequality in the UK, in immigration history and at the Bar. The Counsel magazine front cover interview with Martin Forde QC in their June Issue is available here.
In Episode 116 Emma-Louise Fenelon speaks to Richard Scorer, Head of Abuse at Slater and Gordon, about progress of the Independent Inquiry into Child Sexual Abuse and in particular the investigation into abuse within minority religions (including non conformist Christian denominations, the Jehovah’s Witnesses, Baptists, Methodists, Islam, Judaism, Sikhism, Hinduism and Buddhism). The episode also examines the effect of Covid-19, and the impact virtual hearings has had on evidence at the Inquiry to date.
More information on the module on minority religions can be found here.
Since 2017 the rate and volume of rape prosecutions in the UK have fallen steeply, collapsing to the lowest level since records began. The reasons for this are unclear.
In Episode 114 of Law Pod UK, Emma-Louise Fenelon speaks to Jennifer MacLeod from Brick Court Chambers about two judgments recently handed down by the Divisional Court concerning challenges brought against different aspects of CPS rape prosecution policy:
This blog is maintained for information purposes only. It is not intended to be a source of legal advice and must not be relied upon as such. Blog posts reflect the views and opinions of their individual authors, not of chambers as a whole.